J. Kristen Pecknold, August 14, 1995

THEODORE R. KULONGOSKI
ATTORNEY CENERA!
DEPARTMENT OF JUSTICE
J. Kristen Pecknold
Reeves, Kahn & Eder
Attorneys at Law
4035 S.E. 52nd Avenue
Portland, Oregon 97206-3913
1162 Court Street NE
Justice Building
Salem, Oregon 97310
Telephone' (5113) 378-4400
TDD' (503) 378-5938
August 14, 1995
Re: Petition for Public Records Disclosure Order: ODFW Records
Dear Ms. Pecknold:
THOMAS A. BALMER
DEPUTY AflOR.\;FY CE.'J[!{!\L
This letter is the Attorney General's order on your petition11 for disclosure
of records under the Oregon Public Records Law, ORS 192.410 to 192.505. Your
petition, which we received on August 9, 1995, asks the Attorney General to
direct the Oregon Department of Fish and Wildlife (ODFW) to make available
documents relevant to the stock transfer of Rogue River spring chinook into Coos
Bay, and documents relevant to any existing, past or pending private salmon
hatchery permit for a hatchery on the north spit of Coos Bay. For the reasons that
follow, we respectfully deny your petition.
Dave Anderson, Assistant Regional Supervisor, ODFW Northwest Region,
informs us that ODFW has not denied your records request, but that the agency
intends to comply immediately with that request. Absent a denial by a state
agency, the Attorney General lacks authority to order disclosure. See ORS
192.450(1).
11 The petition was filed on behalf of your client, Oregon Trout.
J. Kristen Pecknold
August 14, 1995
Page 2
For these reasons, we deny your petition to compel disclosure as premature.
ESH:krg/JAA01955
c: Rudy Rosen, ODFW
Dave Anderson, ODFW
Sincerely,
~~::;;,;·,c:a'/V A '"11at.e,/;.,?7-£LJ
ELIZABETH S. HARCHENKO
Special Counsel to the Attorney General

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THEODORE R. KULONGOSKI
ATTORNEY CENERA!
DEPARTMENT OF JUSTICE
J. Kristen Pecknold
Reeves, Kahn & Eder
Attorneys at Law
4035 S.E. 52nd Avenue
Portland, Oregon 97206-3913
1162 Court Street NE
Justice Building
Salem, Oregon 97310
Telephone' (5113) 378-4400
TDD' (503) 378-5938
August 14, 1995
Re: Petition for Public Records Disclosure Order: ODFW Records
Dear Ms. Pecknold:
THOMAS A. BALMER
DEPUTY AflOR.\;FY CE.'J[!{!\L
This letter is the Attorney General's order on your petition11 for disclosure
of records under the Oregon Public Records Law, ORS 192.410 to 192.505. Your
petition, which we received on August 9, 1995, asks the Attorney General to
direct the Oregon Department of Fish and Wildlife (ODFW) to make available
documents relevant to the stock transfer of Rogue River spring chinook into Coos
Bay, and documents relevant to any existing, past or pending private salmon
hatchery permit for a hatchery on the north spit of Coos Bay. For the reasons that
follow, we respectfully deny your petition.
Dave Anderson, Assistant Regional Supervisor, ODFW Northwest Region,
informs us that ODFW has not denied your records request, but that the agency
intends to comply immediately with that request. Absent a denial by a state
agency, the Attorney General lacks authority to order disclosure. See ORS
192.450(1).
11 The petition was filed on behalf of your client, Oregon Trout.
J. Kristen Pecknold
August 14, 1995
Page 2
For these reasons, we deny your petition to compel disclosure as premature.
ESH:krg/JAA01955
c: Rudy Rosen, ODFW
Dave Anderson, ODFW
Sincerely,
~~::;;,;·,c:a'/V A '"11at.e,/;.,?7-£LJ
ELIZABETH S. HARCHENKO
Special Counsel to the Attorney General